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Appropriation.

on each bond and certificate issued by the State of California under the provisions of an Act, approved April twenty-fifth, eighteen hundred and fifty-seven, and other Acts amendatory thereof and supplementary thereto; and the sum of eight hundred dollars is hereby appropriated, out of any moneys in the General Fund not otherwise appropriated, for the payment of A. J. F. Phelan for clerical labor performed in compiling said books; and the Controller of State is hereby authorized and required to draw his warrant in favor of said A. J. F. Phelan for the sum of eight hundred dollars, and the Treasurer of State is required to pay the same.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCXCVIII.—An Act appropriating money to pay the claim of Richard M. Jessup.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of five hundred and twenty dollars ($520) is hereby appropriated, out of any money in the General Fund in the State Treasury not otherwise appropriated, to pay the claim of Richard M. Jessup, being for money expended by him in behalf of the State during the Indian War in Washoe, in eighteen hundred and sixty; and the Controller of State is hereby authorized to draw his warrant in favor of the said Richard M. Jessup for five hundred and twenty dollars, and the Treasurer of State to pay the same.

Duplicates

CHAP. CCXCIX.-An Act to authorize the issue of Duplicates of certain School Land Warrants to Charles B. Grant.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Controller of State is hereby authorized and authorized. directed to issue to Charles B. Grant, of the City of San Francisco, duplicates of School Land Warrants numbered Eighty-Six and Eighty-Seven, for one hundred and sixty acres of land each; and such duplicate warrants thus issued shall have the same force and effect as if originals, said originals being now cancelled and filed in the office of the Register of the State Land Office. SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCC.-An Act to authorize Edward Gallagher, James Gallagher, E. A. Poole, and their associates and assigns, to lay down Water Pipes in the Town of Aurora, County of Mono.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Edward Gallagher, James Gallagher, E. A. Poole, Franchise. and their associates and assigns, are hereby authorized and empowered to lay down pipes in the Town of Aurora, County of Mono, and through and along the streets and alleys thereof, and through said pipes to supply water for the use of said town and its inhabitants.

SEC. 2. In consideration of the rights and privileges herein Grantees to granted, the said grantees, their associates and assigns, shall, incorporate. within four months after the passage of this Act, proceed to organize themselves under the general incorporation laws of this State applicable to the business for which the company may be formed, under the name of the Verdi Vista Water Company.

SEC. 3. The said company shall, within four months after Conditions. their organization, commence and prosecute, in good faith, the work necessary to be performed in making the proper excavations, and in the laying down of pipes and building of reservoirs, water tanks, and other like improvements usually constructed in such cases, and shall, within one year thereafter, so far complete their works as to be able to supply said town and its inhabitants with water.

SEC. 4. The said company, in making the necessary excavations in and along the public streets and alleys of said town, for the purpose of laying down water pipes therein, or for the replacement or repair of said pipes, shall not be allowed to obstruct, in an unnecessary degree, or for an unnecessary length of time, said public streets and alleys, and they shall, in all cases, replace said streets and alleys in as good condition as they were in prior to their being disturbed for the purposes above mentioned.

SEC. 5. The rates to be charged for water by said company Water rates. shall be such as may be determined in accordance with the provisions of the law in such cases made and provided, and for a failure on the part of said grantees, their successors or assigns, to comply with the several conditions and requirements of this Act, the franchise herein granted shall cease and determine.

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Public Administrator.

CHAP. CCCI.—An Act to provide for Public Administrator in Tulare County.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. In the County of Tulare the Coroner shall be ex officio Public Administrator, and for the faithful performance of the duties of Public Administrator he shall give such bond as the Probate Court shall from time to time order.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Exemption.

CHAP. CCCII-An Act to exempt the Property of the California
Bible Society from Taxation.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. All property, both real and personal, in the State of California, belonging to or held in trust for the use of the association known as the California Bible Society is hereby exempted from the payment of any and all taxes assessed or to be assessed for State, county, or city purposes; provided, that such exemption shall continue for the time that said property is held or used for the eleemosynary purposes of said society, and no longer.

SEC. 2. This Act shall take effect immediately.

Powers.

CHAP. CCCIII.-An Act concerning the United Order of Ancient
Druids.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. California Grove, Number One, of the United Order of Ancient Druids, and Hermann Grove, Number Two, of United Order of Ancient Druids, located, respectively, at Placerville, and Coloma, in the County of El Dorado, and State of California, are each and severally empowered to acquire and hold such property, both real and personal, as may be deemed necessary to carry out the charitable purposes of said institutions, and to sue and be sued, and to have and exercise such other general powers as are granted to corporations under the provisions of

an Act entitled an Act concerning corporations, passed April twenty-second, one thousand eight hundred and fifty.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCCIV.—An Act granting the right to construct and maintain a Railroad on certain streets therein named, in the City and County of San Francisco.

[Approved April 23, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The right is hereby granted to S. H. Parker, Franchise. Thomas Nelson, W. J. Paugh, and John Doble, and their associates and assigns, to construct, lay down, and maintain an iron railroad within the City and County of San Francisco, along and upon Post street, in said city and county, commencing at the intersection of Montgomery, Market, and Post streets; thence along and upon Post street to Lone Mountain Cemetery; said road to be a single or double track along the entire route, at the option of the parties herein named. The rails to be of the most approved pattern now used in the construction of city railroads, with the proper and necessary switches and turn outs along the entire route, and to run horse cars thereon, not exceeding twenty-four feet in length, at convenient hours of every day and night, for transportation of passengers; provided, that Proviso. if any other railroad company shall at any time obtain the right to construct a railroad track on any portion of said street herein named, such other company shall have the right to use the rails of the grantees herein named, on not exceeding five blocks, upon paying one half of the expense of constructing and maintaining the railroad on that portion of the track so used; provided, further, that no franchise shall be granted to any other Proviso. company upon the first three blocks on said Post street west of Montgomery street.

SEC. 2. The owners of said railroad shall pave, plank, or Conditions. macadamize (as the proper authorities of said City and County of San Francisco shall direct,) the street through which the said railroad shall run, along the whole length thereof for a width extending two feet on each side of said road, and shall keep the same constantly in repair; provided, that west of Ma- Proviso. son street, the corporation herein named shall not be compelled to pave, plank, or macadamize, as aforesaid, until said streets. shall be graded, and paved, planked, or macadamized.

SEC. 3. The tracks of said railroad shall not be more than five Conditions. feet wide within the rails, with a space between the double tracks sufficient for the free passage of the cars, and shall be laid as nearly as possible in the middle of the streets, and flush with the level of the streets, and so as to offer as little obstruction as possible to the crossing of vehicles; and when the road herein provided for shall intersect any other road, the rails of

Conditions.

Rates of fare.

Proviso.

each shall be so cut, or altered, as to permit the cars to pass without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company hereafter formed from crossing the road herein mentioned at any point, in like manner, in the City and County of San Francisco.

SEC. 4. For the purpose of laying down or repairing the said railroad, not more than the length of one block in any one street within the present fire limits of the said city and county shall be obstructed at any one time, nor for a longer period at any one time than ten working days.

SEC. 5. The rates of fare for each passenger upon said railroad shall not exceed five cents each way, for any distance inside of Van Ness Avenue, or ten cents, or three tickets for one quarter of a dollar, beyond Van Ness Avenue; provided, that it shall be unlawful for any person or persons, corporation, joint stock company, or association, running a passenger car upon any street railroad laid down or maintained by virtue of the franchise herein granted, to demand of or receive from any person desiring to be conveyed, or being conveyed, or purchasing tickets for passage on such railroad, a sum of money greater than is allowed by the provisions of this Act; and for each and every Penalty for violation of the provisions of this section, such person or perovercharge. sons, corporation, joint stock company, or association, so demanding or receiving such sum, or whose Agent or Agents, employé or employés, shall demand or receive such sum, shall forfeit to the person so overcharged the sum of two hundred dollars, to be recovered in a civil action in any Court of competent jurisdiction.

Cars.

Speed.

Obstructions

SEC. 6. The cars upon said railroad shall be of the most approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes, and other means of stopping the same when required. They shall be moved by horses or mules, and not otherwise, at a speed not exceeding eight miles an hour; and in case of a violation of this provision, the owner or owners of said railroad shall be subject to a fine not exceeding one hundred dollars for each offence.

SEC. 7. Any person wilfully obstructing the said railroad shall be deemed guilty of a misdemeanor, and punished accordingly. SEC. 8. The franchise and privilege hereby granted shall continue for the period of twenty-five years, to date from and after the passage of this Act; provided, that said parties shall Conditions. within six months commence the construction of the said rail

Duration of franchise.

Further

road, and have the same completed throughout its entire length within two years from the passage of this Act; but no time during which they shall be prevented therefrom by legal process shall be counted as a part of said time; and the said grantees, their associates, or assigns, shall, within six months after the passage of this Act, execute to The City and County of San Fran cisco a bond, with good and sufficient sureties, to be approved by the County Judge of said city and county, conditioned in the sum of ten thousand dollars for the completion of said railroad through Post street according to the privileges and requirements of this Act, and file the same with the Treasurer of said city and county for the benefit thereof; and upon a failure to comply with the provisions of this section, the franchise and privileges hereby

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